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Virginia Spousal Support Calculator

Calculate Maintenance Under Virginia Code § 20-107.1

Income Information

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Marriage Details

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Marriage less than 5 years?
Marriage 20+ years?
Is recipient custodial parent?

Virginia-Specific Factors

Fault grounds for divorce?

Virginia Fault Grounds Impact (§ 20-107.1):

  • Adultery, cruelty, desertion, or felony conviction may affect awards
  • Adultery by recipient may bar maintenance entirely
Separate maintenance agreement exists?

Virginia Separate Maintenance Rules:

  • Agreements may be incorporated into divorce decree
  • Court can modify if circumstances change substantially

Professional License Rules:

  • Enhanced earning capacity may be considered marital property

Cohabitation Rules (§ 20-109(D)):

  • Maintenance terminates upon remarriage
  • Cohabitation for 1+ year may terminate support

Needs and Resources

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Enter 18-100

Virginia Retirement Rules (Updated per § 20-109(E)-(F)):

  • Full Retirement Age (FRA): Reaching Social Security FRA qualifies as a material change in circumstances to modify support under § 20-109(E).
  • Voluntary vs. Mandatory: Courts consider if retirement was mandatory or voluntary (see § 20-109(F)).
  • Early Retirement (Under FRA): Must prove a significant change in financial circumstances.
  • Retirement Accounts: IRA/401k withdrawals may be considered as income.

See: Virginia Code § 20-109(E) & (F); Brandau v. Brandau (2008) clarified retirement as a material change.

Earning Capacity

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Recipient Sacrificed Career for Marriage?
Recipient has disability?

Duration Factors

Maintain marital standard of living?
Significant separate property?
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Enter 18-100
Important Legal Note: This calculator provides estimates only based on Virginia statutes and case law patterns. Actual court-ordered maintenance may differ significantly. Consultation with a Virginia family law attorney is strongly advised.

Virginia Spousal Maintenance Calculation Results

Maintenance Type Determination

Recommended Maintenance Type:

Primary Factors:

Monthly Maintenance Amount

Guideline Amount:

Duration of Maintenance

Recommended Duration:

Judicial Considerations

Likely Range:

Key Factors:

Disclaimer: Estimates only. Not legal advice. Virginia Code § 20-107.1 governs maintenance. The 2025 child support guidelines apply to combined monthly incomes up to $42,500. As of July 1, 2025, the one-year waiting period for no-fault divorce based on separation has been eliminated (SB 519).

Virginia Maintenance Case Law Examples

Cleary v. Cleary (2022)
Va. Ct. App. No. 0494-21-4

Courts must specifically justify both amount and duration using statutory factors from § 20-107.1. Overturned a five-year award because the trial court failed to connect duration to evidence.

Brandau v. Brandau (2008)
Va. Ct. App. No. 2387-06-4

Retirement constitutes a material change in circumstances justifying modification, but court must consider payor's ability to continue payments from retirement income.

Congdon v. Congdon (2012)
Va. Sup. Ct. No. 111633

Cohabitation alone is insufficient to terminate support; the court must find that cohabitation resulted in a change in the recipient's financial needs.

Stromberg v. Stromberg (2017)
Va. Ct. App. No. 1239-16-4

Voluntary underemployment by payor does not necessarily reduce support if the payor has capacity to earn more.

Modifying Spousal Support in Virginia

To modify spousal support in Virginia, follow these procedures:

File a Motion to Modify with the circuit court
Demonstrate a material change in circumstances (e.g., job loss, retirement at Social Security Full Retirement Age, disability, cohabitation)
Provide financial documentation
Attend a court hearing

Virginia Code § 20-109

Virginia Spousal Support FAQs

How is spousal support calculated in Virginia?

Courts consider factors under § 20-107.1. For pendente lite support with combined monthly income ≤ $10,000: 26% of payor's income minus 58% of recipient's income (with minor children) OR 27% minus 50% (no minor children).

What is the new divorce waiting period in Virginia?

Effective July 1, 2025 (SB 519), the one-year waiting period for no-fault divorce based on separation has been eliminated. Couples with a signed separation agreement may divorce immediately; without an agreement, the waiting period is six months.

How does retirement affect spousal support?

Under § 20-109(E), reaching Social Security Full Retirement Age (FRA) qualifies as a material change in circumstances to modify support. Courts evaluate whether retirement was voluntary or mandatory under § 20-109(F).

Does fault affect spousal support in Virginia?

Yes. Adultery by the recipient may bar maintenance entirely unless denial would cause "manifest injustice." Other fault grounds (cruelty, desertion) are considered under § 20-107.1(B) & (E).

How long does spousal support last?

Under Cleary v. Cleary (2022), courts must justify duration based on statutory factors. Support typically terminates upon remarriage, death, or cohabitation for one year or more per § 20-109(D).

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